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Panaji, 6th January, 2022 (Pausa 16 1943)

SERIES I No. 41

Reg. No. RNP/GOA/32/2021-2023

RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

Suggestions are welcomed on e-mail: dir–[email protected]

SUPPLEMENT

GOVERNMENT OF GOA

Department of Mines & Geology

Directorate of Mines & Geology

––

Notification

DMG/MMDR/DMF/01/2015/1846

In exercise of the powers conferred by

section 15 read with sub-sections (2) and (3)

of section 9B of the Mines and Minerals

(Development and Regulation) Act, 1957

(Central Act 67 of 1957) and all other powers

enabling it in this behalf, the Government of

Goa hereby makes the following rules so as

to further amend the Goa District Mineral

Foundation (Trust) Rules, 2018, namely:—

1. Short title and commencement.— (1)

These rules may be called the Goa District

Mineral Foundation (Trust) (Third Amendment)

Rules, 2021.

(2) They shall come into force on the date

of their publication in the Official Gazette.

2. Amendment of rule 4.— In rule 4 of the

Goa District Mineral Foundation (Trust) Rules,

2018 (hereinafter referred to as the “principal

Rules”), in clause (d), in the Table,-

(i) for the entry against serial No. 2, the

following entry shall be substituted,

namely:—

“2. Members of Parliament,

Members/

Lok Sabha, of the

Trustees”;

respective Districts

of the State of Goa

(ii) after the entry at serial No. 2, the

following new entries shall be inserted,

namely:—

“2a. Member of Parliament,

Member/

Rajya Sabha, of the

Trustee”.

State of Goa

(The Rajya Sabha MP shall

intimate name of the

district selected by

him/her to the Secretary

in-charge of Mining

Department of the State

who in turn shall inform

the concerned District

Magistrate/District

Collector)

2b. Members of the

Member/

Legislative Assembly of

Trustee”.

Goa from the mining

affected areas in the

State of Goa

3. Amendment of rule 25.— In rule 25 of

the principal Rules, in clause (a), for the

expression “The District Mineral Foundation

Rules, 2015”, the expression “The Goa District

Mineral Foundation Rules, 2016” shall be

substituted.

By order and in the name of the

Governor of Goa.

Vivek H. P., IAS, Director & ex officio Joint

Secretary (Mines & Geology).

Panaji, 5th January, 2022.

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Note:— The Principal Rules were published in

the Official Gazette, Series I No. 41 dated

10-01-2019 and subsequently amended vide the

Government Notification No. DMG/MMDR/DMF/01/

2015/8040 dated 13-02-2019, published in the

Official Gazette, Series I No. 47 dated 21-02-2019.

–––––––

Notification

03/111/2021/Major/Mines/1880

The “Policy on mineral rejects/Sub grade ore/

By-product which were generated during the

course of mining which were below the

threshold value at that point in time, as stipulated

in the amended Rule 12(1)(k) of the Minerals

(Other than Atomic and Hydro Carbons Energy

Mineral) Concession Rules, 2016 notified on

02-11-2021” as approved by the Government of

Goa is hereby published for the general

information of the public.

Shri Vivek H.P., I.A.S, Director & ex officio

Joint Secretary (Mines & Geology).

Panaji, 6th January, 2022.

“Policy on mineral rejects/Sub grade ore/

By-product which were generated during the

course of mining which were below the

threshold value at that point in time, as

stipulated in the amended Rule 12(1)(k) of

the Minerals (Other than Atomic and Hydro

Carbons Energy Mineral) Concession Rules,

2016 notified on 02-11-2021”

Background:— The Council of Ministers

vide decision taken in LXth Cabinet Meeting

held on 22-12-2021 resolved to direct the

Department of Mines & Geology to formulate

a policy with appropriate terms and

conditions, in view of the representations

received from erstwhile lease holders, which

should be in line with the “Policy for

regulating the mining dumps on Government

and Private Lands and related issues”, “Goa

Mineral Policy 2013”, the observations made

therein by the Expert Committee constituted

by Hon’ble Supreme Court in W. P. No. 435/

2012 and directions of Hon’ble Supreme Court

in connected matters, and the recent

amendments in Minerals (Other than Atomic

and Hydro Carbons Energy Mineral)

Concession Rules, 2016, published in the

Official Gazette dated 02-11-2021, and place

the same before the Council of Ministers for

discussion and decision.

In view of the above directions of the

Council of Ministers, the following Policy is

envisaged.

Introduction.— 1. The Government of India

has recently cried out amendments in

Minerals (Other than Atomic and Hydro

Carbons Energy Mineral) Concession Rules,

2016, published in the Official Gazette dated

02-11-2021 and the same has come into force

on 02-11-2021 where in Rule 12 has been

modified as mentioned below:

(ii) In sub-rule (1), in clause (k).—

(a) After the words “in respect of any

mineral”, the words and figure “having

a grade equal to or above the threshold

value of such mineral, as notified by the

Indian Bureau of Mines under the

Mineral Conservation and Development

Rules, 2017,” shall be inserted;

(b) after the first proviso, the following

proviso shall be inserted, namely:—

“Provided further that in case of

overburden or the waste rock or the

mineral below the threshold value,

which is generated during the course of

mining or beneficiation of the mineral;

or any minor mineral extracted along

with the mineral for which lease is

granted, the State Government in

consultation with the Indian Bureau of

Mines may, by order permit the lessee

to dispose of such material in such

quantity and in such manner as may be

specified therein, on such payment as

may

decided

the

State

Government;”.

The above Notification has been made

in order to promote zero waste mining

and the same will have to be made

applicable in the State of Goa, albeit in

conformity with various directions of

Hon’ble Supreme Court and Hon’ble High

Court in connected matters and various

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policies made by the State Government

to that effect.

2. The manner in which the dumps of

overburden, waste are to be regulated was a

subject matter of a Six Member Expert

Committee Report (the members of such

committee were finalised by Hon’ble Supreme

Court based on the recommendations made

by the petitioner namely Goa Foundation)

prepared under directions of the Hon’ble

Supreme Court in terms of judgment dated

21st April, 2014, in Writ Petition (Civil) No.

435 of 2012 and other connected matters. The

State of Goa has filed an I.A 6524/2020 on

08-01-2020 before the Hon’ble Supreme Court

in Writ Petition (C) No. 435/2012 for permitting

the State Government to handle such mining

dumps and the hearing in this regard is in

progress.

3. The Hon’ble Supreme Court vide it’s

judgment dated 21-04-2014 in Writ Petition

(Civil) No. 435 of 2012 on issues related to

iron ore mining in the State of Goa has issued

following directions:

“88.11: The Expert Committee will

submit its Report within six months from

today on how the mining dumps in the

State of Goa should be dealt with and will

submit its final Report within twelve

months from today on the cap to be put on

the annual excavation of iron ore in Goa”.

4. The Expert Committee while making

their recommendations has observed as

under:—

“dumps or stacks of ore (raw or

processed) that are marketable presently

are not dealt with in this report.”

The Expert Committee has also observed

that:

“The State Government has submitted

its Goa Mineral Policy (GMP 2013) to the

Hon’ble Supreme Court and to this

Committee. The Policy states that:

A. Predominantly all dumping activities

in Goa has been done in areas outside

mining lease and in non-forest lands which

did not attract forest clearances.

B. Such dumping has always been in

accordance with the approved mining plan

and other requisite clearances, from time

to time.

C. The State Government has formulated

a policy for the mining dumps on

Government and private land located

outside the mining lease by way of the

Land Revenue Code (Amendment) Act,

2013.

There has been no observation and/or

order in the judgement of this Court dated

21st April, 2014, on ownership and/or

expropriation of dumps within or outside

the mining lease. Therefore, the levy of fees

and the handling of the dumps is a State

matter and needs to be governed by the

State, in accordance with the Goa

(Prevention of Illegal Mining, Storage,

Transportation of Minerals) Rules, 2013 and

GMP 2013, other relevant Acts and Rules.”

5. The State Government had formulated

the Policy in the year 2013 namely “Policy for

regulating the mining dumps on Government

and Private Lands and related issues” to

provide for regularization of the use of land

for dumping of overburden (referred to as

dumps), waste, sub-grade, tailing etc.

(hereinafter referred as sub grade minerals),

as the case may be, on payment of a levy

under section 36 of the Land Revenue Code.

The said Policy was notified on 03-09-2013.

6. The said Policy continues to govern the

aspect of maintaining of dumps and sub-

grade mineral ore, as the case may be, where

the parties have acted and the State has

collected the revenue as per this policy from

the entities maintaining such dumps or sub-

grade mineral ore for regularization and

utilization of lands for the said purpose and

also issued Sanads to that effect.

7. The said policy was framed subsequent

to The Land Revenue Code (Amendment)

Act, 2013, vide amendment to section 33 of

the Code, which empowered the Government

to impose a fine in cases where the land was

used for dumping mining rejects or like

material without permission. The amendment

states as under:

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“(1A) Where the land has been used for

dumping mining rejects or like material

without permission, the Government may

impose such fine as may be prescribed”.

The State Government has collected

revenue in terms of conversion charges and

fines in view of the above stated Policy.

8. The State of Goa formulated the Goa

Mineral Policy, 2013, wherein the aspects of

how to handle dumps have been envisaged.

The said mineral policy has been cited in W.P.

No. 435/2012 and the Expert Committee has

also made a reference about the same in its

report.

9. The said mineral policy has neither been

set aside by the Hon’ble Supreme Court nor

has been withdrawn by the State Government.

It is pertinent to mention the relevant portion

pertaining to handling of dumps in Goa

Mineral Policy, 2013, at point No. 6.3.8 which

is reproduced as below:—

“Dump handling outside the leasehold

area shall be allowed only in cases where

in the land has been converted to non-

agricultural use. The dues with respect to

same

have

been

deposited

with

Government by the concerned lease holder

or the erstwhile concessioner. The dump

handling would be permitted only in cases

where the removal shall be in the interest

of the environment or if the land can be

put to some agriculture or allied activities,

or if removal of such dumps shall avoid

risk of polluting the water resources and

the alike. In addition to this, the leaseholder

shall obtain necessary clearance from the

Goa

State

Environmental

Impact

Assessment Authority, consent under Air

and Water Act from Goa State Pollution

Control Board and permission from Office

of Department of Mines and Geology”

10. Also, the Hon’ble Supreme Court in

Chowgule & Co.(P) Ltd. vs Goa Foundation,

(2020) 12 SCC 56 had observed as under:—

“35. ……….There is no doubt that the

ownership of the ore is that of the party

that has raised the ore. The ore which has

been permitted to be transported is on

condition of payment of royalty. We see no

reason why the owners should not be

allowed to transport their own ore.”

In view of all the above facts and

circumstances, the Council of Ministers in

the LXth Cabinet meeting held on

22-12-2021 had directed to formulate a Policy

with appropriate terms and conditions, in

view of the representations received from

erstwhile lease holders, which should be in

line with the “Policy for regulating the mining

dumps on Government and Private Lands and

related issues”, “Goa Mineral policy 2013”,

the observations made therein by the Expert

Committee constituted by Hon’ble Supreme

Court in W.P. No. 435/2012 and the directions

of Hon’ble Supreme Court connected matters,

and the recent amendments in Mineral(Other

than Atomic and Hydro Carbons Energy

Mineral) Concession Rules, 2016, published

in the Official Gazette dated 02-11-2021.

Accordingly, the following Policy is

envisaged:—

Scope of the Policy:— The Policy shall cover

only such mineral rejects/ Sub grade ore/ By-

product which were generated during the

course of mining and were below the

threshold value at that point in time, as

stipulated in the amended Rule 12(1)(k) of

the Minerals (Other than Atomic and Hydro

Carbons Energy Mineral) Concession Rules,

2016 and as such have become marketable

at present. In view of directions of Hon’ble

Supreme Court in W.P No. 435/2012, and other

connected matters, the manner in which,

policy shall be made applicable is prescribed

as mentioned below:—

a) Mineral rejects/Sub grade ore/By-

product generated prior to 22-11-2007.

i) The Directorate of Mines & Geology,

on case to case basis, upon verification

of relevant records/documents, may

permit the lessee the transportation of

all such mineral rejects/sub-grade ore/

by-product, which were generated

during the course of mining prior to

22-11-2007 and stacked within the lease

area and were below the threshold value

OFFICIAL GAZETTE — GOVT. OF GOA

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at that point in time and have become

marketable at present, in view of the

amended Rule 12(1)(k) of Minerals

(Other than Atomic and Hydro Carbons

Energy Mineral) Concession Rules, 2016

provided that the applicant makes the

payment as specified in Schedule of

Charges in this policy, and obtains

necessary statutory clearances and

permission from Indian Bureau of Mines

and Directorate General of Mines Safety.

ii) The Directorate of Mines & Geology,

on case to case basis, upon verification

of relevant records/documents, may

permit the lessee the transportation of

all such mineral rejects/sub-grade ore/

by-product, which were generated

during the course of mining prior to

22-11-2007 and were below the threshold

value at that point in time and have

become marketable at present, which

are stacked outside the lease area on

such lands including private lands and

or Government lands as per the

provisions of MMDR Act, 1957 and Rules

prevalent at that point of time, for which

appropriate charges have been paid and

conversion sanad obtained as stipulated

in the “Policy for regulating the mining

dumps on Government and Private Lands

and related issues” dated 3-09-2013 or

Net Present Value i.e. NPV paid and

obtained

clearance

under

Forest

Conservation Act, 1980 and other Acts

and Rules as applicable, provided that

the applicant makes the payment as

specified in Schedule of Charges in this

policy, and obtains necessary statutory

clearances and permission from Indian

Bureau of Mines and Directorate General

of Mines Safety.

iii) All such mineral rejects/sub-grade

ore/by-product which were generated

during the course of mining prior to

22-11-2007 and were below the threshold

value at that point in time and have

become marketable at present which are

stacked outside the lease area on

Government

lands,

the

State

Government shall bear the liberty to take

all the appropriate action as deemed fit,

including the confiscation and auctioning

of the mineral rejects/sub-grade ore/by-

product by Government, if the applicant

has not complied with the provisions of

the “Policy for regulating the mining

dumps on Government and Private Lands

and related issues” dated 03-09-2013.

b) Mineral rejects/Sub grade ore/By-

product generated from 23-11-2007 to

11-09-2012.

i) The mineral rejects/Sub grade ore/

By-product which were generated

during the course of mining from

23-11-2007 to 11-09-2012 shall be

disposed off as may be determined by

the

State

Government

including

auctioning as per the existing e-auction

policy of the State Government.

c) Mineral rejects/Sub grade ore/By-

product generated post 11-09-12.

i) The Directorate of Mines & Geology,

on case to case basis, upon verification

of relevant records/documents, may

permit the lessee the transportation of

all such mineral rejects/sub-grade ore/

by-product, which were generated

during the course of mining post

11-9-2012 and stacked within the lease

area and were below the threshold value

at that point in time and have become

marketable at present, in view of the

amended Rule 12(1)(k) of Minerals

(Other than Atomic and Hydro Carbons

Energy Mineral) Concession Rules, 2016

provided that the applicant makes the

payment as specified in Schedule of

Charges in this policy, and obtains

necessary statutory clearances and

permission from Indian Bureau of Mines

and Directorate General of Mines Safety.

d) The Directorate of Mines & Geology

shall maintain an inventory of the above

transportation of material in the State of

Goa.

e) The permission for transportation of

all such mineral rejects/sub-grade ore/by-

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product which were generated during the

course of mining prior to 22-11-2007 and

post 11-09-2012, which were below the

threshold value at that point in time and

have become marketable at present shall

be in conformity with the recent

Amendments in Minerals (Other than

Atomic and Hydro Carbons Energy

Mineral)

Concession

Rules,

2016,

published in the Official Gazette dated

02-11-2021, “Policy for regulating the

mining dumps on Government and Private

Lands and related issues”,“Goa Mineral

Policy 2013”, The Goa (Prevention of Illegal

Mining, Storage and Transportation

of Minerals) Rules, 2013, the observations

made therein by the Expert Committee

constituted by Hon’ble Supreme Court in

W.P. No. 435/2012 and directions of Hon’ble

Supreme Court in connected matters.

f) Schedule of Charges:

i) ⁱIn case of the material where in the

grade is above current threshold value

as published by Indian Bureau of Mines,

the royalty shall be charged by the State

Government as per the Average Sale

Price of Minerals as prescribed by the

Indian Bureau of Mines.

ii) In case of the material where in the

grade is below the current threshold

value as published by Indian Bureau of

Mines, the royalty shall be chargeable

on the line of the highest royalty rate

charged amongst the minor minerals as

prescribed by the State Government.

iii) Apart from payment of royalty, the

applicant shall also pay DMF, GIOPF and

NMET, whichever are applicable under

the MMDR Act, 1957 and Rules made

there under by the State Government and

any other charges as may be prescribed

from time to time by State Government.

Removal of Difficulty.— 1) The Government

reserves the right to accept or reject any

application.

2) The Government shall not be responsible

for any dispute between mining leaseholder/

mine operator/applicant, the land owner or

any other party, and the applicant shall

indemnify the Government to the extent.

Powers of the State Government.—

Notwithstanding anything contained in the

foregoing paragraphs of the aforesaid Policy,

the State Government, by issuance of

notification in the Official Gazette, may amend

or withdraw any of the provisions mentioned

here in above.

i The threshold value of the mineral is subject to

notifications issued by Indian Bureau of Mines from

time to time.

By order and in the name of the

Governor of Goa.

Vivek H. P, IAS, Director & ex officio Joint

Secretary (Mines & Geology).

Panaji, 6th January, 2022.

———

Notification

DMG/SCHEME/LOAN/PART-III/1870

Mining has been one of the important

economic sectors of the Goan economy. The

Supreme Court ban of Mining in Goa in

September, 2012 has resulted in stoppage on

all mining activities in the entire State. This

has resulted in financial distress for all the

stakeholders. The borrowers who availed

credit facilities, for acquisition of barges,

trucks, tippers and mining machinery/

equipment operating in the mining sector,

from various Financial Institutions (Public,

Private, Cooperative, Societies, NBFCs and

EDC) had been unable to meet their

repayment commitments. The NPAs (Non-

performing Assets) of the Banks/Financial

Institutions pertaining to the mining loans

had mounted substantially, especially in the

co-operative sector.

Taking into consideration the scenario, the

Government had requested the financial

institutions not to take coercive measures to

recover their dues from the borrowers, until

the restoration of the mining activities. They

had honoured the request of the Government

and desisted from taking action and

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considered rescheduling and settlement of

some loan accounts of the borrowers by

granting waiver.

The Financial Institutions had agreed to

consider one time settlement of the loans of

the borrowers in the mining sector and

accordingly worked out one time settlement

scheme to be offered to the borrowers in the

mining sector, who would like to settle their

loans with them. The Government on its part

has committed to provide financial relief to

the borrowers who for no fault of theirs were

defaulters with the banks and were in

financial distress. The Hon’ble Chief Minister

in his Budget speech for financial year 2014-

15 had announced financial assistance and

provided an amount Rs. 150.00 crores as

mining relief fund to support the mining

affected people. In addition to the assistance

of Rs. 150 crore, a provision of Rs. 250 crores

had been made in the supplementary Budget

for the Debt Relief Scheme. The Government

had decided to extend subsidy to borrowers

of Banks/Institutions related to mining

activities, who come forward to settle these

liabilities with the Financial Institutions.

Accordingly the “Debt Relief Scheme for

mining affected borrowers of Financial

Institution” was notified by the Government

vide Notification No. DMG/SCHEME/LOAN/

1781 dated 2nd September, 2014 and

published in the Extraordinary Official

Gazette, Series I No. 22 dated 3rd September,

2014 and further extended vide the following

Notifications:—

(i) Notification No. DMG/SCHEME/

LOAN/3530 dated 27-02-2015 published in

the Official Gazette, Series I No. 48 dated

27-02-2015.

(ii) Notification No. DMG/SCHEME/

LOAN/2558 dated 03-09-2015 published in

the Official Gazette, Series I No. 23 dated

03-09-2015.

(iii) Notification No. DMG/SCHEME/

LOAN/PART-I/3563 dated 27-11-2015

published in the (Extraordinary) Official

Gazette, Series I No. 23 dated 27-11-2015.

(iv) Notification No. DMG/SCHEME/

LOAN/PART-III/2298 dated 05-10-2017

published in the Official Gazette, Series I

No. 28 dated 12-10-2017.

(v) Notification No. DMG/SCHEME/

LOAN/PART-III/3370 dated 09-01-2018

published in the Extraordinary Official

Gazette, Series I No. 40 dated 10-01-2018.

(vi) Notification No. DMG/SCHEME/

LOAN/PART-III/5018 dated 29-05-2018

published in the Official Gazette, Series II

No. 9 dated 31-05-2018.

(vii) Notification No. DMG/SCHEME/

LOAN/PART-III/7298 dated 21-11-2018

published in the Official Gazette, Series I

No. 35 dated 29-11-2018.

(viii) Notification No. DMG/SCHEME/

LOAN/PART-III/11438 dated 12-02-2020

published in the Official Gazette, Series I

No. 47 dated 20-02-2020 extending scheme

till 31-03-2021.

There

were

request

from

various

stakeholders to extend the said scheme as

the said scheme had expired on 31-03-2021.

The said requests were forwarded to the

Government wherein the Government had

instructed “to re-introduce the scheme” due

to which details of pending claims and

subsidy claims to be released to the Financial

Institutions were taken from the EDC Ltd.

which was the Nodal Agency for the scheme.

The EDC Ltd. submitted a list of “Accounts

who have not paid their amount and banks

have not submitted claims with the EDC Ltd.

for release of the subsidy” which includes

111 Nos. of borrowers and amount of

Rs. 9,25,86,970/- (Annexure I) and list of

“Accounts who have submitted claims and

pending for release of the subsidy by

the Directorate of Mines & Geology to EDC

Ltd”.

(22

borrowers)

amounting

Rs. 1,57,94,721/- (Annexure – II).

The

total

Nos.

borrowers

are

therefore 133 with total claims amounting

to Rs. 9,25,86,970/- + Rs. 1,57,94,721/- =

Rs. 10,83,81,691/-

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The list is annexed herewith as Annexure

I and II to the scheme.

The EDC Ltd. also have to be reimbursed

1% processing charges on said disbursement.

The Government has therefore decided to

extend the subsidy to the borrowers of the

banks (Financial Institutions) related to mining

activities who have come forward to settle

their liabilities with the financial institutions

as per the list annexed to the scheme as

Annexure I and Annexure II only.

Short title.— (i) The scheme shall be called

as “Debt Relief Scheme for mining affected

borrowers of Financial Institution”.

(ii) The scheme shall come into force from

the date of its notification in the Official

Gazette. The scheme shall remain in force for

a period of 12 months only and is applicable

to “Accounts who have not paid their amount

and banks have not submitted claims with

the EDC Ltd. for release of the subsidy which

includes 111 Nos. of borrowers as per

Annexure I and list of Accounts who have

submitted claims and pending for release of

the subsidy by the Directorate of Mines &

Geology to EDC Ltd. which includes 22 Nos.

of borrowers as per Annexure—II. The total

Nos. of borrowers are therefore 133 Nos. The

Annexure I & Annexure II, are annexed to

the scheme herein.

I. Definitions.— (i) “Borrower” means any

Individual/Partnership Firm who have availed

term loan from any Financial Institution

located in Goa for purpose of purchase of

Tipper/Truck/Barge & Mining machinery

before 30-09-2012 for using in the mining

activities in the State of Goa.

(ii) “Family” means and includes father/

mother/spouse/son below the age of 21

years/unmarried daughter of the borrower.

(iii) “Financial Institution” means any

Nationalized or Private bank or Co-operative

bank located in Goa including EDC Limited,

NBFCs and Societies registered with the

Registrar

Co-operative

Societies,

Government of Goa who have extended loans

to borrowers in Goa for purchase of Truck/

Tipper/Barge/Mining machinery for the

purpose of mining activities.

(iv) “OTS Scheme” means the scheme of

one time settlement extended by the Financial

Institution to its borrower for settlement of

their loan and approved by Government for

purpose of this scheme.

(v) “Outstanding” means the outstanding

loan amount of the borrower with the

Financial Institution, as on 30-09-2012 or as

on 30-06-2014, whichever is lower.

(vi) “Screening committee” means the

Screening Committee constituted under the

scheme.

(vii) “Settlement Amount” means the

amount calculated by the Financial Institution

as per its OTS scheme for settling of the loan

liabilities of the borrower, after granting the

waiver.

(viii) “Subsidy” means the financial

assistance extended by the Government as

its contribution towards the One Time

Settlement offered by the Financial Institution

and accepted by its borrower.

II. Eligibility.— The borrower shall fulfill

the following conditions to be eligible to avail

the benefits under the scheme;

(i) The borrowers should have availed

loan from any Financial Institutions on or

before 30-09-2012 for purchase of Truck/

Tipper/Barge/Mining machinery for the

purpose of mining activities within the

State.

(ii) The Borrower have applied for and

availed the OTS scheme from Financial

Institutions against their outstanding loans

and their account being outstanding as on

30-06-2014.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 41

(SUPPLEMENT)

6TH JANUARY, 2022

2889

III. Quantum of Subsidy:—

1) The Government shall extend subsidy

against settlement amount subject to

maximum as prescribed below:—

Category of

Percentage of subsidy

Maximum

loan

on settlement amount

subsidy

(1)

(2)

(3)

Truck/Tripper

35%

15 Lakh

Machinery

35%

20 Lakh

Barges

35%

35 Lakh

i. The entitlement of subsidy under the

scheme shall be limited to only one

borrower per family under only one of the

above category.

ii. Subsidy shall be restricted to the

maximum three trucks/tippers/machinery/

barges.

iii. The quantum of subsidy shall be

restricted to the percentage mentioned in

column (2) or maximum amount mentioned

in column (3), whichever is less.

iv. Subsidy shall not be extended to the

other loans viz., working capital, housing,

car, personal loans etc. availed by the

borrower.

IV. Nodal Agency:—

i) EDC Limited (EDC) is designated as

the “Nodal Agency” for implementation of

the scheme.

ii) The Government shall deposit

required funds with EDC to finance the

scheme. EDC may alternatively raise funds

as directed by the Government. All such

borrowings along with interest and other

operational expenses (1% of subsidy for

loan settlement disbursed) incurred by the

Nodal agency shall be reimbursed by the

Government.

iii) The Nodal Agency shall maintain

these funds in a separate bank account and

release the payments to the Financial

Institutions directly after completion of the

required

procedure/formalities

and

sanction by the Screening Committee.

iv) The Government shall constitute a

Screening Committee comprising of the

following:—

1) An Officer of EDC Ltd. not below

the rank of Chief General Manager as

the Chairman.

2) An Officer of Directorate of Mines &

Geology, Government of Goa not below

the rank of Deputy Director.

3) An Officer of Finance Department,

Government of Goa not below the rank

of Under Secretary.

4) Two Chartered Accountants to be

appointed by the Government of Goa.

V. Procedure:— 1. The financial institution

shall announce the OTS scheme for settlement

of mining loans.

2. The borrower after accepting the OTS

scheme should have submit an application

to the financial institution to claim the subsidy

under the scheme.

3. The financial institution shall then

forward the borrower’s application, providing

the details to the Nodal Agency for approval

of subsidy under the scheme.

4. The Nodal Agency shall verify/scrutinize

the claims submitted by the financial

institutions and place the same before the

Scrutiny Committee, for approval of the

subsidy quantum.

The

Nodal

Agency

shall

then

communicate the approval of quantum of

subsidy to the financial institution/borrower.

6. The borrower shall pay the balance

settlement amount (excluding the subsidy)

to the financial institution.

7. After receipt of the balance settlement

amount from the borrower, the financial

institution shall raise the demand for subsidy

from the Nodal Agency.

8. The Nodal Agency shall settle the claim

of the financial institutions within 45 days of

receipt of the claim. No interest shall be

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 41

(SUPPLEMENT)

6TH JANUARY, 2022

2890

charged on the subsidy portion of the

settlement amount by the financial institution.

9. The financial institution on receipt of the

payment from the Nodal Agency shall close

the loan account of the borrower, issue the

“No Dues Certificate” and release the

securities/surety/guarantor towards the

settled account.

10. The financial institutions shall submit

their claims on weekly basis.

11. The Nodal Agency shall submit

periodical reports to the Government and file

claims for release of funds required for

operation of the scheme.

VI. Other terms and conditions.— (i) This

scheme shall not be applicable to Borrowers

engaged in Mining/Extraction/Trading of

Minerals/Lease holders.

(ii) The maximum of subsidy to an

individual in any capacity as a member of a

family or a sole proprietor or a partner in a

partnership firm shall not exceed the

maximum amount of subsidy allowed under

the scheme.

(iii) The scheme shall not be applicable to

borrowers of Financial Institutions who have

availed loans for personal, housing, etc.

(iv) The scheme shall not be applicable to

borrowers of Financial Institutions who have

shifted their barge/truck/tippers/machinery/

equipment outside Goa.

(v) The loan extended by the financial

institution shall not include loan against Fixed

Deposit Receipts.

(vi) The outstanding amount of the

borrower calculated by the Financial

Institution shall not include any interest dues

payable or capitalized by the borrower for

the period prior to 30-06-2012. This prior

period interest shall be paid by the borrower

to the Financial Institution and Financial

Institution shall give the undertaking in each

of settled cases.

(vii) The Financial Institutions shall not

reverse any amounts already adjusted in the

loan accounts of the Borrowers towards the

loan principal amount.

(viii) Each Financial Institution shall

thoroughly examine the eligibility of each of

their borrower and after proper scrutiny/

check submit their proposals to the Nodal

agency.

(ix) In case the Financial Institutions

claiming the benefit on behalf of the Borrower

under this scheme, are found at a later date

to have claimed the same in violation of the

terms of the scheme, by misrepresentation

or miscalculation, the amount of subsidy

claimed by them shall be repayable forthwith

by the Financial Institution with interest at

existing Base Rate/PLR of that Financial

Institution per annum and shall become

recoverable as arrears of land revenue.

(x) Government reserves the right to

foreclose the scheme before expiry of the time

period.

VII. Monitoring of the scheme:— i) The

Nodal Agency shall submit monthly report of

implementation of the scheme to Secretary

(Mines).

ii) Secretary (Mines) shall hold periodical

meetings to monitor the implementation of

the Scheme and resolve any bottlenecks in

its implementation.

VIII. Removal of Difficulties.— The

Government shall be empowered to issue

instructions for removal of any difficulty

which may arise out of implementation of this

scheme.

This issue with the approval and

concurrence of the Finance (Expenditure)

Department.

By order and in the name of the

Governor of Goa.

Vivek H. P., IAS, Director of Mines &

Geology/ex officio Jt. Secretary

Panaji, 6th January, 2022.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 41

(SUPPLEMENT)

6TH JANUARY, 2022

2891

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(SUPPLEMENT)

6TH JANUARY, 2022

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SERIES I No. 41

(SUPPLEMENT)

6TH JANUARY, 2022

2893

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OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 41

(SUPPLEMENT)

6TH JANUARY, 2022

2894

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OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 41

(SUPPLEMENT)

6TH JANUARY, 2022

2895

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SERIES I No. 41

(SUPPLEMENT)

6TH JANUARY, 2022

2896

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OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 41

(SUPPLEMENT)

6TH JANUARY, 2022

2897

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